Terms and Conditions of Use
Of the
RumbaFish Technologies, Inc. Website
Welcome to the RumbaFish Technologies, Inc. website (the “Site”). These Terms of Use govern your use of the Site and its contents and do not govern the purchase or use or any of our products or services. The terms “RumbaFish,” “we,” “us” and “our” refer to RumbaFish Technologies, Inc.
BY USING THE SITE, YOU ARE ENTERING INTO A CONTRACT WITH US. SPECIFICALLY, YOU AGREE TO THE TERMS OF USE SET FORTH HERE AND TO THE RUMBAFISH PRIVACY POLICY, AND YOU ALSO AGREE TO RECEIVE REQUIRED NOTICES AND TO COMMUNICATE WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.
1. No Registration Required
You need not register in order to browse this Site. Registration is unnecessary unless you choose to use our products and services, whether on a trial basis or otherwise.
Should you choose to access our products or services, you will be required to provide your name, address, billing credit card information and an email address, and you will also be required to enter into a license and subscription agreement with us that governs the use of the selected products or services. You are required to provide accurate and complete information.
2. Use of this Site
This Site and its contents, as distinct from RumbaFish’s products and services, is for non-commercial use only. The use of RumbaFish’s products and services shall be governed by the license and subscription agreement executed upon acquisition or purchase of such product and/or service.
3. Age of Users
Children under the age of 13 may not use the RumbaFish products or services, and parents and legal guardians may not agree to these Terms of Use on behalf of children under the age of 13. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
4. RumbaFish Privacy Policy
Your use of this Site signifies your continuing consent to the RumbaFish Privacy Policy, which you can examine at any time by clicking on the Privacy Policy link on the Site.
Personal information that you supply to RumbaFish, and any information about your use of RumbaFish’s Site, products or services that we obtain will be subject to the RumbaFish Privacy Policy on this site.
5. Changes to RumbaFish
We may discontinue or change any RumbaFish content, service, function or feature at any time with or without notice.
6. Proper Use of This Site
You may not use any program, spider or “bot” to gather or “harvest” information from this Site.
7. Proprietary Rights
RumbaFish and its suppliers reserve all rights under intellectual property law in RumbaFish and in any and all content that is on the Site.
Except as we may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit any content or technology on the Site, whether or not such content or technology was created by RumbaFish Technologies, Inc., without our express written consent.
8. Changes to The Terms and Conditions of Use
We may change the Terms and Conditions of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s Terms of Use link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
9. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning RumbaFish electronically, including notice to any email address that you may provide.
10. Third Party Sites and Advertisers
RumbaFish may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We also are not responsible for any transactions or dealings between you and any third party, including any advertiser. You agree that RumbaFish is not responsible for any claim or loss due to a third party site, including any advertiser site.
11. Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, IS RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
12. Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the fullest extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, directors and agents from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to acess this Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
15. Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of California, U.S.A., and United States federal law govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, or that may arise between us, without regard to the conflicts of laws rules of those jurisdictions. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of California, U.S.A., in the County of Santa Clara, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (2) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
16. Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
17. Termination
We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.
18. Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please contact us.
Date of this version of Terms of Use: March 30, 2010
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